The book examines the relevant issues surrounding the adoption of arbitration by legal person of public law and private law controlled, directly or indirectly, by the Union, the States, the municipal districts and the Federal District from the constitutional principles that guide the actions of the Government.
The first part turns to the analysis of constitutional principles accustomed to the matter, namely: principles of legality, of ubiquity, of efficiency, of consensus, of morality and of advertising and also the fundamental rights of access to justice and reasonable duration of the process.
From the examination of the theory of implied powers of the Public Administration, is based the use of the institute where the public official notes from the filter of proportionality, that arbitration is the best approach to resolving the conflict in question. In the second part is studied the inclusion of arbitration clause in contracts with Public Administration in the regulated sectors of infrastructure.
In the final section are discussed some foreign cases of state and arbitration law.
Author: Rafaella Ferraz
safe Sergio Antonio Fabris Editor – 2008